Current Legal News

Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.

The U.S. Supreme Court has struck down President Obama’s three recess appointments to the National Labor Relations Board, the ABA Journal reports. In his opinion for the court today, Justice Stephen G. Breyer said Obama lacked the power to make the recess appointments during a three-day recess in January 2012 because the time period was too short. The Court also ruled today that a Massachusetts law banning abortion-clinic protests within a 35-foot buffer zone violates the First Amendment rights of protesters. Chief Justice John G. Roberts Jr. wrote the opinion for the court, which said the 35-foot buffer zone isn't narrowly tailored to carry out the state's aims of ensuring safety, preventing harassment and keeping clinic entrances free of obstruction. In a major decision yesterday, the Court ruled that police generally must get a warrant before searching the cellphone of a person who is arrested. Several more decisions are expected before the Court wraps up its session on June 30.

Do you have a keen interest in trends, developments and case law in your practice area? Want to share this knowledge with your colleagues in the Tennessee Bar Journal? Not sure how to begin? Journal Editor Suzanne Robertson provides this advice: Think of and refine your topic. It should be of interest to Tennessee lawyers, which is a broad criteria. This could mean you might explain a new state law, explain a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Then take a look at the writer’s guidelines, which provide information about length, notes and other details.

The TBA YLD Fellows held its annual meeting and inducted new members at the YLD & Fellows Dinner, held in conjunction with the TBA Convention. New officers elected were President Charlotte Knight Griffin with Memphis Light, Gas & Water in Memphis; Vice President J. Russell Parkes with Hardin, Parkes, Kelley & Carter in Columbia; Secretary Lisa Richter, the 19th Judicial District Child Support Referee in Clarksville; and Treasurer Glenn Walter with Lewis Thomason of Knoxville.

The group also inducted nine new members: Daniel Berexa with Cornelius & Collins in Nashville; Colleen Sweeney Bracken with HCA in Nashville; Brad Carter with Schell & Davies in Franklin; Howard Hayden with the Wiseman Ashworth Law Group in Nashville; Thomas Santel with Parkerson | Santel in Murfreesboro; Chris Varner with Evans Harrison Hackett in Chattanooga; David Veile with Schell & Davies in Franklin; Mason Wilson with Baker, Donelson, Bearman, Caldwell & Berkowitz in Memphis; and honorary member Judge Jeffrey S. Bivins of the Tennessee Court of Criminal Appeals.

Finally, the Fellows awarded its annual William M. Leech Jr. Public Service Award to Tennessee Supreme Court Justice Janice Holder for her many years of outstanding service to the profession, the legal system and her community. She was specifically recognized for her work on lawyers' assistance and access to justice issues.

Law students participating in the YLD’s Diversity Leadership Institute joined lawyers across the state at the TBA Convention this month. The group’s activities included programs on networking and the importance of public and pro bono service. On Saturday, the group conducted a briefing on the TBA’s Legal Handbook for Tennessee Seniors for concerned citizens in the Gatlinburg area.

At a dinner and awards ceremony on the last night of the TBA Convention, outgoing YLD President David McDowell recognized several young lawyers with awards for their service to the organization, the profession and the community. Murfreesboro lawyer Aimee Luna, an attorney with the Legal Aid Society, received the President’s Award for her exceptional efforts educating Tennessee lawyers and librarians about free legal resources through this year’s YLD public service project. Luna personally visited almost 10 libraries and made additional presentations to several groups of lawyers. She also was honored for seven years of service as District 7 Representative and for her strong support of the Wills for Heroes program.

In addition to receiving the President's Award, Luna was selected as the first place finisher in the YLD's "Paying for Press" Challenge. An initiative of YLD President David McDowell, the challenge encouraged young lawyers to get press coverage of the events, activities and projects they planned. Using his own funds, McDowell pledged to support the charity of the winners' chosing. Luna was able to designate a donation of $500 to her favorite charity.

Outgoing YLD President David McDowell presents the President's Award to Aimee Luna of Murfreesboro.

With more Tennessee attorneys – especially new attorneys – deciding to “hang out” their own shingle and begin a solo or small firm practice, the TBA has developed the Solo in a Box Toolkit, a new resource offering advice on everything from how to choose office space to managing client files. An initiative of Immediate Past President Cindy Wyrick, the toolkit was developed and produced by the TBA’s Mentoring Committee under the guidance of Franklin attorney David Veile.

The toolkit contains 12 main components, each of which will be featured in an issue of E-DICT throughout the upcoming year. Watch for the first installment on "the business of law" in July’s issue.

Along with serving with distinction as a Senator, Ambassador and White House Chief of Staff, Howard Baker was also a well-respected lawyer. He offered some of his thoughts on the law and the profession during a 2005 interview with then TBA President Bill Haltom. Below are excerpts from that interview taken from the Freedom's Foundation program.

Tennessean columnist Frank Daniels III takes a critical look at the politics involved in yesterday's Senate ad hoc committee hearing led by Sen. Mike Bell, R-Riceville. The committee spent four hours analyzing who "leaked" information from the Judicial Performance Evaluation Commission (JPEC) to Chief Justice Gary Wade and whether Wade then violated ethics rules by making comments about the preliminary report. Near the end of the hearing, Sen. Jim Kyle, D-Memphis -- visibly frustrated with his fellow senators -- erupted with a sports metaphor, Daniels reports. "With all due respect, you are just arguing the call," he barked. The board followed the rules, followed the process the legislature established, and made the decision that it could not discipline the chief justice for his actions, Kyle pointed out to the committee. "You think the ball was out-of-bounds, and they said it was in-bounds."

A Republican-led Senate investigation stalled Tuesday on whether Tennessee Supreme Court Chief Justice Gary Wade improperly interfered with an independent panel's evaluations of other judges, the Chattanooga Times Free Press reports. After an ad hoc panel discussion, officials concluded that no laws were broken and no judicial rules were violated when Wade found out, from a leak, about Performance Evaluation Commission members' initial negative evaluations of three Court of Appeals judges up for reelection in August. The officials also told the panel that Wade’s comments voicing concern about the negative evaluation publicity and defending the judges’ professional performance did not constitute an election endorsement.

The judge handling the case involving four former Vanderbilt University football players accused in the videotaped rape of an unconscious student sealed more than 100 pages of exhibits on Monday, the Tennessean reports. Criminal Court Judge Monte Watkins ordered the records to be sealed after a complaint from the victim that they contained photographs, identifying information and medical records. “The Court finds that the alleged victim has a right under the Tennessee Constitution to be free from intimidation, harassment and abuse throughout the criminal justice system," Watkins wrote in his order.

Tennessee is one of four states chosen for a federal program to better help juveniles with behavioral disorders stay out of custody. Along with Georgia, Indiana and Massachusetts, Tennessee state officials are getting support from the Substance Abuse and Mental Health Services Administration and the MacArthur Foundation to create better ways to screen for behavioral health disorders and care for juveniles in community settings. Although the state has been praised for reducing its jailing of teens in the past 15 years, the new program seeks to help youth long before they come into contact with the justice system. The Tennessean has more.

A new law in Tennessee is paving the way for jobs applicants with a criminal past to gain employment, WDEF News 12 reports. Next Tuesday, the Tennessee Negligent and Retention law takes effect allowing employers to hire an ex-offender who has received a "certificate of employability" after paying his or her dues to society. In return, employers would be protected from liability suits if the ex-offender with a violent past assaults a fellow co-worker. The new law guarantees that safety only to a certain point — if an ex-offender with a certificate of employability remains employed after showing new signs of danger or violence, the company is liable.

Former TBA president George “Buck” Lewis was recognized by the Supreme Court for his service as Chair of the Access to Justice Commission during the TBA Annual Convention in Gatlinburg. Lewis was presented with a certificate of appreciation signed by the entire Court during the June 12 Bench Bar luncheon. At the YLD’s Annual Board Dinner also held during Convention, outgoing president David McDowell presented the President’s Award to Murfreesboro lawyer Aimee Luna for her exceptional efforts educating Tennessee lawyers and librarians about free legal resources through this year’s YLD public service project. Brad Carter of Franklin and Ashley Holliday of Jackson also received special recognition awards. Carter was recognized for six years of service to the YLD, most notably as chair of the Wills for Heroes Committee. Holliday was recognized for her support for the Diversity Leadership Institute.

Also at the convention, Nashville lawyer Lynne Ingram was presented with the Larry Dean Wilks Leadership Award by fellow members of the TBA’s 2014 Leadership Law class during the group’s graduation ceremonies in Gatlinburg. The award, named for former TBA President Larry D. Wilks, recognizes a Leadership Law class member with exceptional leadership qualities. Ingram, an Assistant U.S. Attorney for the Middle District of Tennessee, is the third recipient of the award.

Susan R. High McAuley has been chosen to be the new Gallatin city attorney, the Tennessean reports. During a special-called meeting Tuesday, the Gallatin City Council and Mayor Jo Ann Graves unanimously voted for McAuley after interviewing eight candidates last week. McAuley, currently an attorney at Bone McAllester Norton’s Sumner County office in Hendersonville, will begin the new position June 30. She succeeds Joe Thompson, who was elected Sumner County Circuit Court judges in a close May 6 county primary race following the sudden death of Judge C.L. "Buck" Rogers in February.

The Washington County Heritage Committee this week unveiled eight historical legal documents inside the George P. Jaynes Justice Center, roughly two years after getting the state legislative go-ahead to place them inside county buildings, the Johnson City Press reports. The Ten Commandments, the Magna Carta, Watauga Petition of 1776, Declaration of Independence, Constitution of the State of Franklin, Preamble of the United States Constitution, The Bill of Rights and other amendments, and the Tennessee Constitution of 1796 were among the initial documents chosen for display that are “historically significant documents related to the American and Tennessee Jurisprudence,” according to a resolution unanimously approved by the County Commission.

Gov. Bill Haslam said Monday he supports making a 12-hour “cooling off” period mandatory for people arrested on domestic violence charges, the Memphis Daily News reports. "I think that makes sense," Haslam said. "I'm far from an expert on that, but from what I understand, it just feels like that is a common sense law." The statement comes in the midst of a controversy over a case involving a Nashville judge who released a man from jail a few hours after his arrest on a domestic violence charge. Police say he assaulted his girlfriend a second time shortly after being released.

Lt. Gov. Ron Ramsey’s attempt to purge Tennessee Supreme Court Chief Justice Gary Wade, Justice Connie Clark and Justice Sharon Lee from the court is a direct assault on an independent judiciary and should be soundly rejected, an opinion piece in the Columbia Daily Herald states. Sam D. Kennedy — a former editor and publisher of the newspaper — writes “We ask for good judges, those with courage who will not knuckle under to the demands of a governor, a state senator or a heavy campaign contributor; and one who will act in an impartial manner. ... His (Ramsey's) only reason for opposition to them is he wants to replace them with others who will follow his orders.”

The American Bar Association recently approved a new half online, half on-site law program at William Mitchell College of Law in St. Paul, Minneapolis. While the ABA allows law schools to offer up to 12 hours of online credit, the hybrid program is the first of its kind to receive accreditation. US News and World Reports has more.

Wade honored at association's annual convention in Gatlinburg

NASHVILLE, June 25, 2014 – Tennessee Supreme Court Chief Justice Gary R. Wade was honored with the Tennessee Bar Association's Justice Frank F. Drowota III Outstanding Judicial Service Award for his outstanding and dedicated service to the courts and the legal community. The award was presented by outgoing TBA President Cindy Wyrick at a luncheon in Gatlinburg. Former Tennessee Supreme Court Chief Justice Drowota also was on hand to assist in the presentation.

Ingram Selected by Fellow Leadership Class Members for Recognition

NASHVILLE, June 24, 2014 — Nashville lawyer Lynne T. Ingram was presented with the Larry Dean Wilks Leadership Award by fellow members of the Tennessee Bar Association's 2014 Leadership Law class during the group's graduation ceremonies in Gatlinburg. She is the third recipient of the award and the first woman selected for the honor.